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AF | BCMR | CY2007 | BC-2007-01119
Original file (BC-2007-01119.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01119
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  12 September 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Purple  Heart  (PH)
medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was an oversight and he should have been awarded  the  PH  medal.   At
this stage in his life it would help to have this matter settled.

In support of his application, the  applicant  submits  copies  of  excerpts
from his medical records and a copy of his DD 214.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant  entered  active  duty  service  on  27  July  1967.   He  was
honorably discharged and released from active duty in the grade of  sergeant
on 13 April 1972.  Applicant was credited with 4  years,  8  months  and  18
days of active duty service to include 4 years,  2  months  and  4  days  of
Foreign Service.

The applicant’s records indicate he was assigned to duties in Vietnam.   His
service medical records  document,  among  other  things,  treatment  for  a
lacerated right forearm on 24 Dec 1968; however, it is not indicated  as  to
how the injury occurred.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial. DPPPR explains, to be  awarded  the  PH,  a
member must provide a detailed personal account, eyewitness  statements  and
medical documentation to  show  the  wound  received  treatment  by  medical
personnel and occurred as a direct result of  enemy  action.   DPPPR  states
they were not able to verify if the applicant  was  injured  due  to  direct
enemy action or  locate  official  documentation  that  verifies  such.   In
addition,  the  applicant  has   not   provided   corroborating,   certified
eyewitness statement(s).

The complete DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 21 May 07, the  applicant  states  his  injuries  were
sustained when an explosion sent glass and  other  material  his  direction.
He was close enough to feel  the  heat  from  the  round.   The  people  who
assisted him and took him to the hospital were not  in  his  immediate  unit
and he was not aware of who they were.

The glass was from a vehicle or window.  Glass was not a common material  on
base and he was not installing windows during his tour.  He was asked if  he
wanted to receive the PH medal, but he said he was not sure because  he  did
not want to worry his parents.

The applicant’s complete submission is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant’s
contention  that  he  should  be  awarded  the  Purple  Heart  for  injuries
sustained during his assignment in Vietnam.  After a thorough review of  his
submission we are not persuaded that he should be awarded the  Purple  Heart
Medal.  There is no corroborating evidence, medical or otherwise,  that  the
injuries he alleges he sustained were a direct result of enemy  action.   In
addition, the  applicant  did  not  provide  supporting  documentation  from
eyewitnesses or testimony from other former members of  his  unit  who  were
with him at the time that can  account  for  his  injuries.   Therefore,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01119 in Executive Session on 19 July 2008, under the provisions of AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
            Ms. Teri G. Spoutz, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Apr 07 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 24 Apr 076.
     Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.
     Exhibit E.  Letter, Applicant, dated 21 May 07.




                                  MICHAEL K. GALLOGLY
                                  Panel Chair

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